The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. According to evidence duly adopted and examined by this court, the Defendant was sentenced to eight months of imprisonment with labor for a violation of the Punishment of Violences, etc. Act at the Chuncheon District Court on October 11, 2018, and the judgment became final and conclusive on January 19, 2019.

Therefore, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (refence) and the crime of violation of the Punishment of Violences, etc. (joint injury) against which the judgment of the court below became final and conclusive is concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment for the crime should be imposed at the same time taking into account equity with the case to be judged pursuant to the former part of Article 39(1) of the Criminal Act, and since it

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again decided as follows.

[Reason] The first head of the criminal facts in the judgment of the court below stated in the summary of criminal facts and evidence added "the defendant was sentenced to eight months of imprisonment with prison labor for the crime of violation of the Punishment of Violences, etc. Act (joint injury) at the Chuncheon District Court on October 11, 2018, and the judgment became final and conclusive on January 19, 2019" to the first head of the criminal facts as stated in the judgment of the court below, and the summary of the evidence as stated in the judgment of the court below was added to "1.0 criminal records: the summary of the judgment of the court below: the summary of the agreement, the auxiliary of the case agreement, the judgment (the Chuncheon District Court 2018No977)

Application of Statutes

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 260 (1) and 30 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The latter part of Article 37 of the Criminal Act dealing with concurrent crimes;